Unnes Law Journal
Unnes Law Journal (Unnes L.J.) is a double-blind peer-reviewed legal journal (ISSN Print 2252-6536 ISSN Online 2722-4503) publishes research and review papers concerning to Legal Studies. Unnes L.J. published biannually by the Faculty of Law, Universitas Negeri Semarang on April & October. Focus and Scope of Unnes L.J. are concerning (but are not limited to): Criminal Law, Private Law, Administrative Law, International Law, Procedure Law, Tax Law, Customary Law, Islamic Law, Environmental Law, State Administrative Law, Law Land, Insurance Law, Law and Human Rights, Politics of Law, Sociology of Law, Anthropology of Law, Philosophy of Law, Agrarian Law, Forestry Law, Law of the Seas, Ocean Law, Climate Change Law, Maritime Law, Diplomatic Law, Humanitarian Law, Special Criminal Law, Economic Law, Business Law, Consumer Protection Law, Intellectual Property Rights Law, Capital Market Law, Comparative Law, Regional Financial Law, Regional Autonomy Law, Sharia Economic Law, Health Law, Law and Society, Law and Forensics, Criminology, Victimology, Penitentiary Law, Law and Technology, Law and Gender Studies, and other related issues on Law in broader aspects (including Social, Economic, Politic, Security, Education, and Culture).
Articles
252 Documents
<![CDATA[Defaults in Credit Agreements: How Are They Settled? ]]>
<![CDATA[Rizky Auliandi]]>;
<![CDATA[Mangatur Hadiputera Simanjuntak]]>
<![CDATA[ Unnes Law Journal Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i2.23514
<![CDATA[This study aims to determine whether the debtor has carried out his achievements as they should and knows the legal consequences for the debtor when trying to carry out his achievements more than the specified due date. This research is a normative or doctrinal research that is descriptive in nature using secondary data types. In this research, the data collection technique used is the study of literature. The results showed that Sujono, as the debtor and PT BPR Mranggen Mitra Persada as the creditor had carried out the credit agreement. By fulfilling the legal conditions of the agreement as stipulated in Article 1320 of the Civil Code, both subjective and objective terms, the agreement credit between PT BPR Mranggen Mitra Persada as the creditor and Sujono as the debtor is a legal agreement, but in credit repayments Sujono has an arrears of credit repayments calculated from the principal debt, interest, and costs incurred due to arrears. Since PT BPR Mranggen Mitra Persada filed a lawsuit with the Blora District Court, Sujono as a defendant had no good intention to attend the trial. The Panel of Judges decided to drop the verdict without the presence of the defendant called verstek. From this decision the defendant or Sujono fought against verstek or what was called the verzet. With respect to the verzet submitted by Sujono, the judge considered that the resistance was rejected by the Panel of Judges based on the consideration that Sujono had wrongly determined his legal subject and incorrectly determined the arguments of the resistance proposed by Sujono against PT BPR Mranggen Mitra Persada. Based on the decision of the Panel of Judges, Sujono is still considered to have defaulted and must fulfil his achievements.]]>
<![CDATA[The Idea of Customary Law Community Representation in the Regional Representative Council ]]>
<![CDATA[Iwan Erar Joesoef]]>
<![CDATA[ Unnes Law Journal Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i2.26984
<![CDATA[The Customary Law Community (Masyarakat Hukum Adat, MHA) as part of the Customary Law System is recognized for its existence and its implementation in the National Land Law (Hukum Tanah Nasional, HTN). In the Explanation of the Basic Agrarian Law (UUPA) it is stated that the function of Customary Law as the main source in the development of HTN, although such recognition is accompanied by conditions as long as in reality they still exist and in accordance with national and state interests. This paper analyses and examines the problems of MHA in the concept of regional representative council. The problem on this paper come up from various problems concerning to ulayat land and its conflict between indigenous people and government. The research emphasized that the main problem is the inequality of perception between the Executive, Judiciary and Legislative institutions in the consistency of compensation payments resulting in the re-claim of Tanah Ulayat (Adat), there is no basis for a multi-dimensional approach (anthropology, sociology and others besides the juridical approach). This means that the formal juridical approach alone does not achieve effective results. The question is whether the constitutional MHA can have representation in the Regional Representative Council (DPD) and what forms of democracy are appropriate and can channel the aspirations of the MHA.]]>
<![CDATA[Health Facility Licensing Dispute ]]>
<![CDATA[Delfina Gusman]]>;
<![CDATA[Marryo Borry]]>
<![CDATA[ Unnes Law Journal Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i2.27707
<![CDATA[Clinic is a health service facility that organizes individual health services that provide basic and/or specialist medical services. Primary Clinic (Klinik Pratama) is a Clinic that organizes basic medical services both general and specific. To establish a Klinik Pratama so that it can operate through a series of licensing processes namely Nuisance/Hinder Ordonnantie Permit (HO), Establishment Permit Clinic (IMK) and Clinical Operating Permit (IOK). The results of this process are overlapping or repetitive requirements, making the process ineffective and inefficient. This research is intended to analyze the dispute on health facility licensing in Padang City, West Sumatra. This paper analyzes overlapping of clinical licensing. The main problems that analyzed in this paper concerning to analyze and review clinical licensing, analyze licensing regulations at the Padang City level as a basis for recommendations on simplification, deletion and merging of licenses by the Padang City Government.]]>
<![CDATA[How Far is Consumer Protection in the Health Care Sector? ]]>
<![CDATA[Cut Mayang Widya Nuryaasiinta]]>
<![CDATA[ Unnes Law Journal Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i1.28132
<![CDATA[In health services, it is not uncommon to cause malpractice due to negligence committed by health workers who are not in accordance with professional standards. This paper is intended to analyse concerning to how to protect consumers, the form of legal protection for patients as consumers of medical services and the forms of responsibility of hospitals and doctors as parties to medical services according to Law No. 8 of 1999 concerning Consumer Protection and Law No. 36 of 2009 concerning Health. To answer the question used the normative legal research method, the approach used in legal research is the statute approachÂÂ), and case approach. In the Decision of Central Jakarta District Court No. 287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who have been neglected by business actors according to Law Number 8 of 1999 concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and (h), and according to the Law Number 36 of 2009 concerning Health of consumer rights that are violated is in Articles 5-8, Articles 56-58. Regarding the responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer Law only recognizes just material compensation but according to Article 46 of Law No.44 of 2009 concerning this compensation house is appropriate.]]>
<![CDATA[Electronic Traffic Law Enforcement: Is it Able to Reduce Traffic Violations? ]]>
<![CDATA[Aryanindita Bagasatwika]]>
<![CDATA[ Unnes Law Journal Vol 6 No 1 (2020): Unnes L.J. (April, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i1.28642
<![CDATA[The practice of law enforcement on traffic violations committed by law enforcement officers is currently not enough to satisfy the expectations of the community. Problems often occur in current law enforcement practices, including vulnerability to corruption and convoluted bureaucracy in dealing with the process of law enforcement, especially for traffic violations. The practice of law enforcement itself cannot only be shackled in the current legal rigidity, in this condition a legal breakthrough or legal progression is needed, so that our law can adjust to the times and demands of society. The E-TLE (Electronic Traffic Law Enforcement) system created by the Semarang Traffic Police Unit is a breakthrough in law in law enforcement practices that are applied to traffic violations in the City of Semarang in order to bring a fast, precise, clean and transparent law enforcement system. In this context, progressive legal theory is used to create a breakthrough in progressive law enforcement in the E-TLE Satlantas Polrestabes Semarang system against traffic violations in the city of Semarang.]]>
<![CDATA[Effect of Taxpayer Data and Information Confidentiality Principle on Tax Amnesty Against Law Enforcement in Indonesia ]]>
<![CDATA[Ratih Damayanti]]>
<![CDATA[ Unnes Law Journal Vol 5 No 1 (2019): Unnes L.J. (April, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i1.28980
<![CDATA[The principle of confidentiality in the Tax Amnesty can have a negative impact, the impact of which may occur frauds by individual taxpayers and tax officials. If there is fraud, the process of investigation and investigation to find evidence will be difficult. Law enforcement agencies and examining bodies such as the KPK, BPK, and other related agencies will have difficulties and will not be able to break through taxpayer assets or data because these assets and data are private and protected by law. This can hamper the law enforcement process, especially law enforcement in the tax sector. The principle of confidentiality in Tax Amnesty has an effect on law enforcement. The principle of confidentiality in Tax Amnesty provides potential moral hazard. A moral hazard occurs because of the opportunities or opportunities that enable these actions to materialize. Opportunities for Fiscus and Taxpayers to meet in person. This has the potential to cause a gray area between the Taxpayer and the Fiscus which can cause moral hazard to the Taxpayer. The authority of the Fiscus is prone to be misused, so that it can lead to several criminal actions that can be carried out, namely embezzlement or corruption that can harm the country's finances. And when the crime occurs at a Tax Amnesty Taxpayer, it will be difficult to enforce the law because the data and information sourced from the Declaration and its attachments cannot be used as a basis for investigation, investigation, and / or criminal prosecution of the Taxpayer cannot be used as a taxpayer basis for investigation, investigation and / or criminal prosecution of taxpayers.]]>
<![CDATA[Victims of Sexual Abuse: How Does the Law Protect Her? ]]>
<![CDATA[Jeremya Chandra Sitorus]]>
<![CDATA[ Unnes Law Journal Vol 5 No 2 (2019): Unnes L.J. (October, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i1.29864
<![CDATA[Campus sexual assault (CSA) has received unprecedented public attention lately. Sexual assault is one of the iceberg phenomena. Although men and women can be sexually assaulted, women are at greater risk. This research was aimed to describe and to classify sexual assault. The result of this research showed there are many sexual assault victims chose to remain silent and not strive for justice because imbalance of power relation, normalization of sexual assault on campus, lack of institutional support and even disciplinary act perpetrator, consequently perpetrators still remain on campus and turned compound of trauma for victims’ lives. Campus intervention is important to destroy normalization of sexual assault on campus and they should take the responsibility to educate their students about consent during sexual contact.]]>
<![CDATA[LGBT in Legal and Criminology Aspects ]]>
<![CDATA[Umi Sofwatin]]>;
<![CDATA[Dian Alfiani]]>;
<![CDATA[Nida Nurjanah]]>;
<![CDATA[Sintha Dwi Mukti]]>
<![CDATA[ Unnes Law Journal Vol 5 No 1 (2019): Unnes L.J. (April, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i1.31053
<![CDATA[The LGBT which is an acronym for Lesbian, Gay, Bissexual and Transgender is a group consisting of people who have sexual orientation deviations, behavioral deviations and appearances that are not in accordance with their gender. The current LGBT phenomenon has experienced rapid development in everyday life. LGBT as a form of sexual deviation, behavioral irregularities and appearance that is not in accordance with their gender, has expanded to a society with a normal social order, even these LGBT actors are not only teenagers and adults but also children. Most LGBT people present themselves as heterosexual people, this is done so that LGBT people can get along comfortably in carrying out various social activities in the community. The deviation itself does not rule out the possibility of being in campus life and the perpetrators are students to lecturers. The proliferation of television coverage of LGBT has also expanded the movement of LGBT people to show their identity that they exist. This report will discuss the observations of LGBT communities on campus (UNNES) and how they relate to crimonology and victimology.]]>
<![CDATA[Death Penalty, Right to Life, and Various Controversies in Human Rights ]]>
<![CDATA[Adi Saputra]]>;
<![CDATA[Febrian Jadug Santoso]]>
<![CDATA[ Unnes Law Journal Vol 5 No 1 (2019): Unnes L.J. (April, 2019) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v5i1.35842
<![CDATA[In Indonesia, the issue of capital punishment is a matter of controversy between those who are pro to the death penalty and those who are against the death penalty. Those who disagree with the death penalty assume that the inhuman death sentence is contrary to the principle of fair and civilized humanity in accordance with Pancasila, only Allah can take a person's life, if the judge is wrong in passing the sentence, what can be improved again. The pro-death penalty party considers that the death penalty deserves to be imposed on a sadistic criminal in carrying out his action because if he is not sentenced to death he will repeat his crime. The death penalty is also in accordance with the National RKUHP which is pro on capital punishment, but with certain conditions. If we observe from existing laws such as the Narcotics Act, the Corruption Law, the Terrorist Law, etc. then it can be said that the Law is pro death sentence. In the context of capital punishment, Kontras, which is concerned with the matter of upholding human rights, provides a criminological view that capital punishment does not provide a deterrent effect on the perpetrators of Extraordinary Crimes, because such actions can be motivated, not only from individual distributor factors, but also structural factors, for example community economic instability due to domestic political conditions. So, because the death penalty also conflicts with the right to life, it is fitting that the death penalty be replaced with life imprisonment.]]>
<![CDATA[Understanding Geospatial Intelligence and the Challenges of Effective Counter-Terrorism Strategy: A Case Study of Nigeria's Boko Haram Challenge ]]>
<![CDATA[Ngboawaji Daniel Nte]]>;
<![CDATA[Baba Ahmadu Abdulaziz]]>;
<![CDATA[Michael Uzorka]]>
<![CDATA[ Unnes Law Journal Vol 6 No 2 (2020): Unnes L.J. (October, 2020) ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.15294/ulj.v6i2.38741
<![CDATA[Nigeria is faced with a number of security challenges that have threatened the existence of peace and security in the country. These threats to public safety and national security have greatly undermined the government primary responsibility of guaranteeing public safety and national security. The intractable challenges posed by Boko Haram makes a good case for the above assertion. This work, therefore reviews the applicability of Geospatial Intelligence and all its components and sub-field, with a view to understanding and or establishing their respective relevance in devising effective counter-terrorism strategies in Nigeria. This was done, taking Boko Haram activities between 2015 and 2018 for specific study, against the background of Geospatial Intelligence capabilities .The researchers utilised primary and secondary data sources in this work. The Primary data sources was from questionnaires administered physically and electronically via emails while Secondary data came from published books, journals, articles, lecture guides, videos etc. Acquired data was statistically analysed using simple percentage and Chi-Square statistics. Sequel to the statistical results, findings were made that Geospatial-Intelligence is relevant and remains the most potent frontier in developing effective counter-terrorism strategies against Boko Haram and indeed other similar insurgencies in Nigeria.]]>
